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Apr 22, 2013
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. >>> for now federal officials have decided not to read tsarnaev his miranda rights. miranda rights inform criminals of their right to remain silent and their right to an attorney. this is allowed on a limited basis when the public may be in immediate danger, and there are those like senator lindsey graham who say tsarnaev should be consideredn enemy combatant so he can waive his right. others disagree. >> there's plenty of evidence. they don't need it to get him into a trial. i don't think we have to cross the line and say he's an enemy combatant which could be challenged in court. one circuit rules one way, one rules the other way. >> we should reserve the right to look at him as an enemy combatant and continue to look for evidence and if we find evidence and go to him as chuck says and gather intelligence. >> now the suspect's mother says tamer lan was contacted by fbi. the fbi says that is not true but the fbi did interview him in 2011 at the request of the russian government. officials are focusing on a trip he made to russia in 2012. sky news's katie stallard ha
. >>> for now federal officials have decided not to read tsarnaev his miranda rights. miranda rights inform criminals of their right to remain silent and their right to an attorney. this is allowed on a limited basis when the public may be in immediate danger, and there are those like senator lindsey graham who say tsarnaev should be consideredn enemy combatant so he can waive his right. others disagree. >> there's plenty of evidence. they don't need it to get him into a trial. i...
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Apr 23, 2013
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. >> some believe despite yesterday's reading of his miranda rights the federal government still holds swooifr the younger tsarnaev. negotiate ago plea deal under which he would cooperate with authorities in exchange for sparing his life remains an option. >>> the wife of the dead boston bombing suspect found out her husband and brother in law were the accused bomber the same way all americans did on tv. her lawyer claims she suspected nothing this as they ask another question was tamerlan tsarnaev involved in a 2009 triple murder. molly, we also hear that there is good news today about the victim. >> good morning, heather. two in critical condition. doctors are telling us everyone now in the hospital are expect to do survive. there were 14 patients that lost lefshs. boston medical center say many are up and walking and they are preparing for a massive exodus as they call it to rehab. many recoveries underway. investigators are looking to speak with suspect number one's wife tamerlan tsarnaev was married to katherine russell tsarnaev. they met in college in 2010 and sometime around tha
. >> some believe despite yesterday's reading of his miranda rights the federal government still holds swooifr the younger tsarnaev. negotiate ago plea deal under which he would cooperate with authorities in exchange for sparing his life remains an option. >>> the wife of the dead boston bombing suspect found out her husband and brother in law were the accused bomber the same way all americans did on tv. her lawyer claims she suspected nothing this as they ask another question...
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Apr 22, 2013
04/13
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authorities decided to withhold reading his miranda rights. as time passes, does the justification for this wear off and in your opinion does the u.s. and investigators stand to regret that? >> they will regret it i think. a, there was never a basis for the public safety exception because when they announced it, the police announced there was no public safety danger. they arrested everybody. didn't think there was a risk to the public. why will they come to regret it? they think the case will be made based on videotapes and civil evidence. there are two elements to every crime. that is the crime itself which they have no problem proving and the intention. now, in order to get the death penalty, they have to prove a terrorist intention. in order to do that, they may get the information from him without having mirandized him and that information may get kept out of a trial. they may have blown the death penalty by not giving him his miranda warnings. >> we talk about public exception, the questioning is limited in scope. do you think there's pot
authorities decided to withhold reading his miranda rights. as time passes, does the justification for this wear off and in your opinion does the u.s. and investigators stand to regret that? >> they will regret it i think. a, there was never a basis for the public safety exception because when they announced it, the police announced there was no public safety danger. they arrested everybody. didn't think there was a risk to the public. why will they come to regret it? they think the case...
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Apr 22, 2013
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miranda is not a huge obstacle to get people cooperate. typically they realize once they are caught that they have to cooperate in order to make things better for themselves. the idea that miranda presents some huge obstacle to gain cooperation is not true, number one. number two, there are many avenues and many tools that the f.b.i. to have conduct investigations. >> megyn: here is the concern. what if he lawyers up. what if he lawyers up and then refused to answer any more questions before we gotten everything we need to know. we want to follow up and you know as well as i do, lawyers will tell him, keep your mouth shut. >> actually david who ran the national security division that the opposite was true. often having the attorney involved makes it easier to explain to the defendant why it is in his interests to cooperate. i don't think that is necessarily true. certainly, the f.b.i. has broad authorities especially a case like thishere we know heinous act has happened to use various tools. there are often many ways to get information. >>
miranda is not a huge obstacle to get people cooperate. typically they realize once they are caught that they have to cooperate in order to make things better for themselves. the idea that miranda presents some huge obstacle to gain cooperation is not true, number one. number two, there are many avenues and many tools that the f.b.i. to have conduct investigations. >> megyn: here is the concern. what if he lawyers up. what if he lawyers up and then refused to answer any more questions...
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Apr 22, 2013
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they waved tsarnaev's miranda rights. they said he could still pose a threat either because there are more bombs planted out there or he's connected to a larger terrorist cell. either way it has some lawmakers concerned. as investigators continue to interrogate their suspect some lawmakers argue he should be treated as an enemy combatant and denied an attorney for the time being. >> we should be allowed her intelligence-gathering purposes. >> investigators say they're still uncertain whether zocor and his brother tamerlan who died in a shoot-out on friday with police have any ties to fore te union issued a statement saying we must not waver from our tried and true justice system even in the most difficult of times. denial of rights is un-american and will only make it harder to obtain fair convictions. some liberal lawmakers agree and said they would be comfortable with tsarnaev being designated as an enemy combatant. >> i don't believe. it would beunconstitutional to >> it carries its own risk especially if that suspect
they waved tsarnaev's miranda rights. they said he could still pose a threat either because there are more bombs planted out there or he's connected to a larger terrorist cell. either way it has some lawmakers concerned. as investigators continue to interrogate their suspect some lawmakers argue he should be treated as an enemy combatant and denied an attorney for the time being. >> we should be allowed her intelligence-gathering purposes. >> investigators say they're still...
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Apr 22, 2013
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. >> tsarnaev is being questioned without being given his miranda rights as a matter of public safety. >>> one byproduct of the events of last week is a certain sense of boston pride. it was on full display. yesterday as the bruins took part in their annual shirt off our backs ceremony. it's usually a carom for the fans. they asked the first responders to attend and gave them their jerseys. and there was neil diamond on saturday at fenway park. singing his "sweet caroline." as red sox fans sung along in unison. ♪ sweet caroline ♪ bum, bum, bum >> what a moment. >>> later in this half hour, details about the older brother's american wife. >>> and later on "good morning america," a closer look at any missed warning signs. >>> major breaking news from washington state. five people are dead in a shooting at an apartment complex in the town of federal way, south of seattle. a suspect was shot by police officers. he's believed to be the only shooter. no word yet from investigators on what led to the gunfire. this is a story we'll be tracking all morning. >>> a few of those displaced by
. >> tsarnaev is being questioned without being given his miranda rights as a matter of public safety. >>> one byproduct of the events of last week is a certain sense of boston pride. it was on full display. yesterday as the bruins took part in their annual shirt off our backs ceremony. it's usually a carom for the fans. they asked the first responders to attend and gave them their jerseys. and there was neil diamond on saturday at fenway park. singing his "sweet...
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Apr 22, 2013
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he has yet to be charged in connection with the attack or been notified of his miranda rights, however, this morning officials tell nbc news he's awake and using pen and paper to answer questions from investigators. all of this as the fbi says it has obtained surveillance footage showing tsarnaev putting down his backpack near the finish line just minutes before the explosion. massachusetts governor deval patrick says he's been briefed on the footage. >> the suspect took the backpack off, put it down, did not react when the first explosion went off and then moved away from the backpack in time for the second explosion, so pretty clear about his involvement and pretty chilling, frankly. >> all right, so while we wait on that video, i want you to look at these new infrared images released showing the final intense moments of the manhunt. stun grenades just exploded as police moved in to capture the 19-year-old, and it capped a nearly four-day search for dzhokhar and his older brother, tamerlan, and while the nation was reeling, we are getting word this morning that the brothers actually
he has yet to be charged in connection with the attack or been notified of his miranda rights, however, this morning officials tell nbc news he's awake and using pen and paper to answer questions from investigators. all of this as the fbi says it has obtained surveillance footage showing tsarnaev putting down his backpack near the finish line just minutes before the explosion. massachusetts governor deval patrick says he's been briefed on the footage. >> the suspect took the backpack off,...
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Apr 22, 2013
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h these questions can be maintained if he does not get his miranda rights. that is going to expire in will 48-hours. >> he says the agency is getting a lot of outside pressure to mir ran dies him. mir ran dieing him may jeopardize what they can use for him in court. they should hold off as long as possible to gter as much information as possible. >>> time now for your 5@5:00. 5 people are dead after a shooting in an apartment complex in seattle including a suspect. police responded to a shooting in federal way when two men were injured in a parking lot. officers moved to assist them. that's when they opened fire. a man and a woman also found dead inside of an apartment. there's no word on what sparked the shooting. >> four more victims have been identified from the deadly fert liedzer plant explosion. among them two brothers doug and robert newcastle both firefighters. >> both brothers were ready to serve neighbors in their time of need. they were the first in the emergency situation. robert and doug were more than just brothers. they were lifelong best frie
h these questions can be maintained if he does not get his miranda rights. that is going to expire in will 48-hours. >> he says the agency is getting a lot of outside pressure to mir ran dies him. mir ran dieing him may jeopardize what they can use for him in court. they should hold off as long as possible to gter as much information as possible. >>> time now for your 5@5:00. 5 people are dead after a shooting in an apartment complex in seattle including a suspect. police...
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Apr 22, 2013
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that means he must be read his miranda rights, notifying him of his right to remain silent. ed davis says the two bombing suspects were planning more attacks. >> we have reason to believe based upon the evidence that was found at that scene, the explosions, the explosive ordinance that was unexploded and the fire power that they had that they were going to attack other individuals. >> so far, police have not released any information about a possible motive. this is the first sunday since the boston marathon bombings and thousands around the bay area gathered at church services today to pray for the victims. we will have that part of the story in about 30 minutes. >>> you can find more on our website. there is a special tab on the front page with pictures and a slide show. log on to ktvu.com for our continuing coverage online. >> in san jose, police are looking for clues in two separate shootings, one involving a car filled with people. it happened outside of the fiesta nightclub and restaurant. an argument inside may have spilled out into the parking lot. investigators say t
that means he must be read his miranda rights, notifying him of his right to remain silent. ed davis says the two bombing suspects were planning more attacks. >> we have reason to believe based upon the evidence that was found at that scene, the explosions, the explosive ordinance that was unexploded and the fire power that they had that they were going to attack other individuals. >> so far, police have not released any information about a possible motive. this is the first sunday...
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Apr 23, 2013
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he does not need to see his miranda rights read to him in bed. laughable. >>steve: from what i've read this morning, apparently it was their mother who pushed them towards islam, a very extreme form of islam. you've got to wonder whether or not the widow of the older brother, who is now with her parents, knew anything. there she is right there. catherine russell tsarnaev. she reportedly didn't have any reason to suspect him. why? because she was apparently working 70 to 80 hours a week as a home health care aide. while she was away, he was supposedly taking care of the three-year-old toddler. >>gretchen: she had totally changed who she was. many people allege she had been brain washed by this radical islam thought, that she was a christian before, and three years ago she decided to convert. but not only just convert; really get into the depths of it and change exactly who she was. we saw her there in the garb. people who knew her in high school said she was nothing like she was before. she dropped out of college. she had aspired to become somebody and decid
he does not need to see his miranda rights read to him in bed. laughable. >>steve: from what i've read this morning, apparently it was their mother who pushed them towards islam, a very extreme form of islam. you've got to wonder whether or not the widow of the older brother, who is now with her parents, knew anything. there she is right there. catherine russell tsarnaev. she reportedly didn't have any reason to suspect him. why? because she was apparently working 70 to 80 hours a week as...
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Apr 21, 2013
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. >> we now know that the suspect has not been given his miranda warnings. and there's a lot of discussion about the legal avenues that might be taken. but, evyenia, as an interroga r interrogator, how much do you care about the legal discussions going on and does that effect how you go about your job? >> yes, the legal aspect is very, very important. that comes from levels above you. so if the law does allow you to not ask those miranda rights, you can proceed. but you cannot make up the rules as you go. if you do not follow the law, if you do deviate from it, the things you do could cost the case ultimately. any confession you could get could be thrown out or dismissed or anything like that. you want to make sure that you do follow the law even though you may feel otherwise, we have to be careful. >> all right. an experienced interrogator, thank you so much for joining us. appreciate it. >> thank you. >> we have some good news for all that flooding out west. we'll tell you what it is, your weather forecast coming up. hey! did you know that honey nut cheeri
. >> we now know that the suspect has not been given his miranda warnings. and there's a lot of discussion about the legal avenues that might be taken. but, evyenia, as an interroga r interrogator, how much do you care about the legal discussions going on and does that effect how you go about your job? >> yes, the legal aspect is very, very important. that comes from levels above you. so if the law does allow you to not ask those miranda rights, you can proceed. but you cannot make...
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Apr 22, 2013
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but at some point in time, go with miranda, that's fine. but in the initial stages, we don't want to repeat with the underwear bomber. >> brian: which is hours after, he lawyered up and shut up. >> this idea combatant versus criminal, i'm not particularly in the enemy combatant point from everything i'm hearing. >> gretchen: let me ask you about the cameras. so many people were fascinated by the amazing work the f.b.i. did do initially and going through hundreds and thousands of images, finding these two guys. is this a call now for more cameras in big cities? >> certainly. this is an evolution. i'm just back from london, which is probably the most failed city in the -- survveiled city in the world. we're getting money to put coordinated cameras, public safety cameras into new york. holding back most american cities now are funds. they're laying police officers. if they can't hire police, they don't have money for cameras. most of the images i saw related to the identification of these two kids were from private cameras, lord & taylor, diff
but at some point in time, go with miranda, that's fine. but in the initial stages, we don't want to repeat with the underwear bomber. >> brian: which is hours after, he lawyered up and shut up. >> this idea combatant versus criminal, i'm not particularly in the enemy combatant point from everything i'm hearing. >> gretchen: let me ask you about the cameras. so many people were fascinated by the amazing work the f.b.i. did do initially and going through hundreds and thousands...
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Apr 23, 2013
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earhart was finally read his miranda rights. john r. san his one word no when asked if he could afford an attorney. he is alert and mentally competent and aware of the circumstances that he is facing. also malicious destruction of property with an explosive device if convicted he could face the death penalty. tamara has communicated by using rioting. he was held up in a boat last friday. gerard 26 year-old brother use of the marathon bombing that killed three people injured over a hundred and 70 people and including carjacking and that engaging in a shootout and kill in the off. kill with police under bridge droll over while flame. the kid rush of when asked if he can afford lived in the united states for 10 years. just last year in is unclear he was doing in rush the court has resulting in death. yet or did he have any contact with others. exploside device resulting >> pam: in death. if convicted.he could face >> catherine: the death penalty. people with investigators.mostly across the city of boston through writing and headhe's in ser
earhart was finally read his miranda rights. john r. san his one word no when asked if he could afford an attorney. he is alert and mentally competent and aware of the circumstances that he is facing. also malicious destruction of property with an explosive device if convicted he could face the death penalty. tamara has communicated by using rioting. he was held up in a boat last friday. gerard 26 year-old brother use of the marathon bombing that killed three people injured over a hundred and...
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Apr 20, 2013
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he wasn't read his miranda rights. they are using an exception there and there are calls for him to be treated as an enemy combatant. is that the right call, do you think? >> let's pick these two piece it is apart. on the miranda question it's not clear how much of an exception it really is. as an investigator or prosecutor you can choose not to mirandize someone. it makes things much more difficult for them down the road at trial. if you are concerned about getting certain kinds of information and it looks like the fbi and the national security apparatus is concerned about getting information, then you would want to get as much as you can out of someone in the near term in order to roll up any other individuals that might have been involved in a potential conspiracy. turning to the question on whether someone is an enemy combatant or not, if you apply law in 1944 when we were dealing with germans in the united states, maybe you could classify him as an enemy combatant. in the last 20 or 30 years, every major act of do
he wasn't read his miranda rights. they are using an exception there and there are calls for him to be treated as an enemy combatant. is that the right call, do you think? >> let's pick these two piece it is apart. on the miranda question it's not clear how much of an exception it really is. as an investigator or prosecutor you can choose not to mirandize someone. it makes things much more difficult for them down the road at trial. if you are concerned about getting certain kinds of...
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Apr 21, 2013
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if they don't read him his miranda rights right away, you okay with that? >> well, look. i think the public safety exception is being greatly and overly expanded in this instance. the public safety exception as the supreme court laid out is for an instance when an officer walks up on a situation and sees an empty holster and says where's your gun. that's to prevent an imminent threat from happening right then. what they are doing now is really expanding that public safety exception to say really the fifth amendment applies when they say it does and i don't think the supreme court is going to uphold that down the line. the supreme court actually heard oral argument on a case very similar out of texas last week where their argument was the fifth amendment doesn't apply until we read the miranda rights. so we may have an answer to that sooner than we think. >> christopher -- >> would it make any difference -- i'm sorry, fred. just want a little follow-up. would it make any difference if the u.s. were to revoke his naturalized u.s. citizenship as far as the law is concerned?
if they don't read him his miranda rights right away, you okay with that? >> well, look. i think the public safety exception is being greatly and overly expanded in this instance. the public safety exception as the supreme court laid out is for an instance when an officer walks up on a situation and sees an empty holster and says where's your gun. that's to prevent an imminent threat from happening right then. what they are doing now is really expanding that public safety exception to say...
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Apr 23, 2013
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but also on the same time now we have a suspect who already was read his miranda rights. he already have a lawyer present. and i don't think that should affect any trained interrogator, any trained interviewer in doing their job. we have been doing this for many, many years. we did it against terrorist suspects, organized crimes, people who are charged with treason, spies, and it always worked, and it always gets the intended results. >> in terms of this breaking news that we've just got tonight. again, this is a senior government official saying that the initial interrogation of dzhokhar tsarnaev in his hospital bed, he says that he and his brother were not in touch with any overseas terrorists or groups. they conceived the attack on their own, motivated he told them by religious fervor. that's the language that i have been given. how -- how should that be approached in terms of strategically trying to unwind any threats that might exist beyond these young men? they're saying they acted alone. but presumably, the thing that made them want to do this could make other peop
but also on the same time now we have a suspect who already was read his miranda rights. he already have a lawyer present. and i don't think that should affect any trained interrogator, any trained interviewer in doing their job. we have been doing this for many, many years. we did it against terrorist suspects, organized crimes, people who are charged with treason, spies, and it always worked, and it always gets the intended results. >> in terms of this breaking news that we've just got...
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Apr 22, 2013
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you shouldn't have questioned without his miranda. what happens then? that means, they throw out his statement. so what? they don't need his statement in connection. >> they have all the other evidence. >> this is about getting intelligence from him. not a statement they can use in court. >> and these charges expected to be filed. almost certain to face the death penalty. >> it will be a death-eligible charge for sure. a decision made later to seek the death penalty. the use of a weapon of mass destruction would be a death-eligible. >> the fbi interviewing the older brother in 2011. some members of congress saying that was a missed opportunity, criticizing the fbi for not keeping their eyes on tamerlan. >> well, let's look at this. hundreds of thousands of versions of him are floating around the country. the fbi go, they do a background, sometimes ultimately interview them. visiting jihadist websites are not against the law. a lot of teenagers and young adults are doing that. so, the question is, you have to do an assessment if you're an fbi agent. do y
you shouldn't have questioned without his miranda. what happens then? that means, they throw out his statement. so what? they don't need his statement in connection. >> they have all the other evidence. >> this is about getting intelligence from him. not a statement they can use in court. >> and these charges expected to be filed. almost certain to face the death penalty. >> it will be a death-eligible charge for sure. a decision made later to seek the death penalty. the...
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Apr 21, 2013
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investigators did not read him his miranda rights when he was captured. they invoked what they call the public safety exception. it permits law enforcement officials to interrogate a suspect and use that information as direct evident in court, and that is causing some controversy out there. let's talk about that. we'll talk about that in a few moments. also want to talk about other issues. joining us, former u.s. attorney doug jones who led the prosecutor against eric ruduffel, the 1996 atlanta olympic bomber. thank you for joining us. first of all, let's talk about this video. this video that has now surfaced that cnn has confirmed, a well known jihadist in dagestan who himself was killed in december, the video was posted on tamerlan tsarnaev's youtube channel. since then, it's been deleted. what does that say, if you're a u.s. attorney investigating this case, what does that say to you? >> well, wolf, i think it would be one of two things. there obviously could be some contact since he traveled over that way. there could have been some contact. there co
investigators did not read him his miranda rights when he was captured. they invoked what they call the public safety exception. it permits law enforcement officials to interrogate a suspect and use that information as direct evident in court, and that is causing some controversy out there. let's talk about that. we'll talk about that in a few moments. also want to talk about other issues. joining us, former u.s. attorney doug jones who led the prosecutor against eric ruduffel, the 1996 atlanta...
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Apr 22, 2013
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. >>> no questions before his miranda warnings would be admission i believe in court. prosecutors say they have plenty to convict him. keeping in mind he is a u.s. citizen with all the same rights as anymore else. dzhokhar tsarnaev is waking up answering investigators in writing. they are questioning him as an enemy combatant. >> i want the intelligence to save american lives. that can only be done effectively if he is treated as an enemy combatant. >> they don't need his confession to get him into trial. i think we don't have to cross the line. >> this morning, lots of questions about why the fbi didn't do more after inquiries about the older tsarnaev with radical groups. zi want to know how the fbi dropped the ball. we are at war with radical islamists and we need to up our game. >> tamerlan tsarnaev spend six months in russia. they interviewed him before he left. >> i want to know why after he was interviewed and after a foreign intelligence service raises the flag on the individual why he was allowed to travel abroad. >> some lawmakers insist the fbi did as much as
. >>> no questions before his miranda warnings would be admission i believe in court. prosecutors say they have plenty to convict him. keeping in mind he is a u.s. citizen with all the same rights as anymore else. dzhokhar tsarnaev is waking up answering investigators in writing. they are questioning him as an enemy combatant. >> i want the intelligence to save american lives. that can only be done effectively if he is treated as an enemy combatant. >> they don't need his...
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Apr 22, 2013
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they didn't give a miranda warning so the aclu is shouting about that. and of course, well-known southern bell lindsey graham, why isn't he being treated as an enemy combatant? that one to me -- >> what about benghazi? >> shut up. >> stephanie: i'll always have benghazi. it is my terror. no. >> i would never go thirsty again. i'll have another mint julep thank you. >> stephanie: the legal expert i heard this weekend said this is a nonstarter to treat him as enemy combatants. did he a crime on u.s. soil. >> peter king said this. >> i believe -- should be portrayed as enemy combatants. senator mccain, senator graham, senator ayotte, there are so many questions unanswered so many potential links to terrorism here. the battlefield is now in the united states. i believe he is an enemy combatant. ultimately, he will be tried in a civilian court and the statements taken from him cannot be used against him in that trial. right now, the only links we have as much as chechnyan involvement in the islamic movement. are there other conspirators out there? where do th
they didn't give a miranda warning so the aclu is shouting about that. and of course, well-known southern bell lindsey graham, why isn't he being treated as an enemy combatant? that one to me -- >> what about benghazi? >> shut up. >> stephanie: i'll always have benghazi. it is my terror. no. >> i would never go thirsty again. i'll have another mint julep thank you. >> stephanie: the legal expert i heard this weekend said this is a nonstarter to treat him as enemy...
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Apr 23, 2013
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he was read his miranda rights. they tried it and he couldn't speak. >> he will still be interrogated though. >> the intelligence information takes weeks and months to get out of somebody. i am not talking about enhanced an teargas, but they should have taken this guy to guantanamo bay and let him look at the bright caribbean sun for awhile and he will start talking. >> i want to go to bill about this lyndsay graham talking about how the fbi didn't know that tamerlan went on a overseas trip because his name was misspelled. >> he went over to russia, but apparently when he got on the airplane they miss sh -- misspelled his name so it never went in the system that he went to russia. >> it happens to you all the time. schulz with a t and schulz without a t. >> it has let me live on the funds of snoopy money. i am related to charles and off i go. if lyndsay graham had just stuck to that talking poimt he could have gone to any one of the sunday shows. lyndsay graham is on more sunday shows than self-important music on th
he was read his miranda rights. they tried it and he couldn't speak. >> he will still be interrogated though. >> the intelligence information takes weeks and months to get out of somebody. i am not talking about enhanced an teargas, but they should have taken this guy to guantanamo bay and let him look at the bright caribbean sun for awhile and he will start talking. >> i want to go to bill about this lyndsay graham talking about how the fbi didn't know that tamerlan went on a...
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Apr 22, 2013
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>> it sure does, because as you know, miranda rights are a bedrock constitutional principle. we all have the right to remain silent, t get an attorney and be advised of those rights. the public safety exemption is a very narrow exemption. there has to be an imminent threat to the public. it certainly seems less imminent. >> don't officials who say the terror is over, don't they kind of undercut that argument, and does it really matter in the end? >> this is certainly an argument that's going to be handed to this defendant's defense attorney when that time comes. there have been contradictory statements made that there is no public threat, there is no ticking bomb, thank goodness, apparently, based on what we know so far. so we're giving them an argument to use later. >> the issue is, the questioning that's permitted without miranda is very narrow in scope, correct? >> yes. it's about what the public threat is. it's not all of theasis and the background and the motive questions. >> that's what brings me to this issue that's percolating in washington now. there are some nationa
>> it sure does, because as you know, miranda rights are a bedrock constitutional principle. we all have the right to remain silent, t get an attorney and be advised of those rights. the public safety exemption is a very narrow exemption. there has to be an imminent threat to the public. it certainly seems less imminent. >> don't officials who say the terror is over, don't they kind of undercut that argument, and does it really matter in the end? >> this is certainly an...
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Apr 21, 2013
04/13
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also raises the question this is exactly the whole issue going back to the miranda, if he had the public safety concern of what were those explosive devices intended for? that's one of the reasons they wanted to talk to him or one of the things thaw wanted to talk to him about at the time before they realized how severely hurt he was. it absolutely proves the point there could have more more attacks planned or another person who was a part of it who maybe at the last minute didn't do it. another reason to think there was more planned is maybe that's why they didn't kill themselves at the time of the marathon attack. they wanted to live to attack another day. >> jeff, somebody must have trained them. can you learn to build a bomb by yourself just by going to the internet and going out there, go to a home depot and buying this kind of stuff? >> you could try to learn, but what you would certainly want to do is rehearse. you don't want to go through the operational energy that it would take to mount an attack like at the marathon without having a fair degree of confidence that your device i
also raises the question this is exactly the whole issue going back to the miranda, if he had the public safety concern of what were those explosive devices intended for? that's one of the reasons they wanted to talk to him or one of the things thaw wanted to talk to him about at the time before they realized how severely hurt he was. it absolutely proves the point there could have more more attacks planned or another person who was a part of it who maybe at the last minute didn't do it....
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Apr 22, 2013
04/13
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. >> the supreme court's case in which miranda gave a course confession. said confessions have to be knowing, meaning you have to tell the person they don't have to confess, they don't have to talk to you. numerous supreme court cases have picked up on this and said the government must always tell you when you're confronted with a government you don't have to speak to the government. protecting the freedom of speech also protects the right to remain silent. but the supreme court said most people don't don't have the right to remain silent. so you, government, fbi or travel cup have to tell whoever you are interrogating they have the right to remain silent. that is what is not being honored, from what we understand. whatever he said could affect other evidence that independently obtained. it is risky not to read miranda rights and a violation of the constitution not to do so. so the government treads in danger when they try to strike information and somewhere we will not use that against the defendant. tracy: the emotional side of me says too bad. speak of
. >> the supreme court's case in which miranda gave a course confession. said confessions have to be knowing, meaning you have to tell the person they don't have to confess, they don't have to talk to you. numerous supreme court cases have picked up on this and said the government must always tell you when you're confronted with a government you don't have to speak to the government. protecting the freedom of speech also protects the right to remain silent. but the supreme court said most...
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Apr 22, 2013
04/13
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. >> the decision not to read miranda rights was made by the federal officials. this is a unique clause at the federal level that we've not experienced here. >> the mother of both suspects tells the "associated press" that the fbi spoke to her sons after the bomb exploded an continues to claim that the fbi monitored him back in 2011 during an interview. a moment of silence begins at 11:50 hour time. back to you. >> thank you. >>> students at the university of massachusetts were stushed to learn they -- were stunned to learn they knew one of the bombers. >> he's like, yeah, tragedies happen. >> they say he was on campus and say they were shocked when they saw his picture on tv after the explosion. coply square will remain closed for at least two more days. fbi agents scour the scene for evidence and debris from the bombing is cleared. officials say the square will not reopen until the fbi investigation is complete. >>> :7:-- 7:03. the as are in oakland getting ready to begin a series with the boston red sox. some plan to meet with air aaron -- with aaron hearn, th
. >> the decision not to read miranda rights was made by the federal officials. this is a unique clause at the federal level that we've not experienced here. >> the mother of both suspects tells the "associated press" that the fbi spoke to her sons after the bomb exploded an continues to claim that the fbi monitored him back in 2011 during an interview. a moment of silence begins at 11:50 hour time. back to you. >> thank you. >>> students at the university...
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Apr 17, 2013
04/13
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and one of our justice producers is saying there is not an arrest yet, apprehension, an arrest, miranda rights being processed, these can all mean different things to different people in the cloud of this. but i am told by a boston law enforcement source that they believe that they have the suspect. >> with anderson cooper here now, word of an arrest here and the boston marathon attacks. we have heard the u.s. federal marshals have taken the suspect to the courthouse that would be obvious procedure in a federal investigation. we believe it all started with videotape they were analyzing from a store across the street from the second explosion, we believe it was a lord & taylor, a man was identified, putting down something that officials believe proximated the type of bag that was holding what they thought was an explosive device in one of these that we have been showing you all morning. one of these pressure cookers. and they found him. we're not exactly sure. we don't know what the procedure was, what they cross referenced to find this particular individual. juliette and john said may h
and one of our justice producers is saying there is not an arrest yet, apprehension, an arrest, miranda rights being processed, these can all mean different things to different people in the cloud of this. but i am told by a boston law enforcement source that they believe that they have the suspect. >> with anderson cooper here now, word of an arrest here and the boston marathon attacks. we have heard the u.s. federal marshals have taken the suspect to the courthouse that would be obvious...